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(영문) 대구지방법원 김천지원 2017.01.17 2016고정663
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a new EF small passenger vehicle B.

1. On November 1, 2016, the Defendant was under the influence of alcohol with a maximum of 0.148% alcohol concentration on the blood that is difficult to normally drive on the roads of the company bank in the Young-si, Young-si, Seoul Special Metropolitan City on November 1, 2016.

In such a case, the Defendant neglected his duty of care to accurately operate the steering gear and the steering gear, while neglecting the duty of care, and instead neglecting the duty, received the back part of the right-hand part of the victim C(45) driving in the same direction signal waiting in the same direction signal direction as the part prior to the left-hand part of the said New EF Soon.

Defendant C and the above K7 Passenger Vehicles with the above negligence

Around 2 weeks of medical treatment to E (3) suffered from the injury of the fluoral and the fluoral fluoral fluoralum.

2. The Defendant driven the said New EF small passenger vehicle under the influence of alcohol content of 0.148% in blood at the date, time, and at the place described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of the driver who takes charge;

1. A survey report and photograph of actual condition;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (which is between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the injury caused by a dangerous driving);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is deemed to be against the defendant, and economic circumstances are deemed difficult, but the defendant is sentenced to each of the crimes of this case and similar cases.

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